Ryan v. Morton

Citations

• 65 Tex. 258
• 1886 Tex. LEXIS 650

Syllabus

<p>1. Contracts—Sureties—The liability of a surety cannot be extended beyond the terms of the contract out of which his obligation arises, and if the contract be altered without his consent, whether he sustain injury by such alteration or it be to his advantage, the contract ceases to be his and with that ceases his obligation.</p> <p>2. Same—Subsequent agreement of principal—Such, however, will not be the effect of a contract by which the surety’s principal subsequently agrees to do for the same person other and separate work, if by such contract no new terms are added to the former and it is in no respect modified, and the last undertaking in no way increases the difficulty or expense or tends to the delay of the work embraced in the first contract.</p> <p>Same—Case stated—By written agreement between G. and M., dated May 17, 1881, G. was to erect a certain building for M. according to plan and specifications furnished, G. to provide all necessary labor and materials and to complete the building within four months from that date, and was to receive therefor $8,300, three thousand dollars of which amount were to be paid at the commencement of the contract and the balance in four equal installments as the work progressed. R. and another became sureties of G. for the performance, on his part, of the agreement. G., after performing part of the work, abandoned the contract and never completed the building, though M. had, in the meantime, advanced to him the full contract price, in six installments, other than the first. M. afterwards took possession of the building and completed it, at a further expense to himself of more than seven hundred dollars. M. brought an action of debt on the bond, assigning as a breach G.’s non-performance of his agreement and M.’s loss thereby. R. pleaded release as surety by the act of M. in paying to G., in violation of the terms of the agreement, the entire contract price before the work was finished. Held:</p> <p>(1) That there was a pri